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S.D.N.Y.Procedural orderFiled Feb. 2, 2023

Eichie v. Kuakazi

Judge
Lewis Liman
Docket
1:21-cv-10712
Court
U.S. District Court · Southern District of New York
Pages
1
Social SecurityMotion to DismissCivil Procedure
In one sentence

Petereichie v. Kuakazi: Judge Liman’s court granted dismissal for lack of jurisdiction and failure to state a claim, leaving the case closed.

Who this affects

The plaintiff’s Social Security-related case was dismissed, and the defendant’s alternative motion for summary judgment was not addressed.

What happened

In Petereichie v. Kuakazi, the defendant moved to dismiss the complaint for lack of subject-matter jurisdiction and failure to state a claim. The defendant also moved for summary judgment as an alternative request.

The court granted the motion to dismiss. Because the case was dismissed, the court did not address the alternative summary-judgment motion. The court also found that amending the complaint would be futile and closed the case.

Judge Liman is identified as the judge for this summary. The judgment was dated February 2, 2023, in the Southern District of New York.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Eichie v. Kuakazi · No. 1:21-cv-10712
Judge
Lewis Liman
Date
Feb. 2, 2023

Background

The plaintiff brought a complaint against Kilolo Kuakazi, identified in the caption as the Acting Commissioner of Social Security for the United States. The defendant moved to dismiss the complaint for lack of subject-matter jurisdiction and failure to state a claim. The defendant separately submitted a motion for summary judgment in the alternative.

Ruling

The court granted the defendant’s motion to dismiss. The judgment states that the dismissal was based on lack of subject-matter jurisdiction and failure to state a claim. Because the court dismissed the action, it did not address the alternative motion for summary judgment.

The court found that any amendment would be futile, meaning that changing the complaint would not resolve the identified problems. The case was therefore closed. The judgment does not state that the dismissal was with or without prejudice.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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